09-09-2019 Council Packet - Laserfiche WebLink

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FILE # LA19-000040 17 June 2019 Page 2 of 3 2) The use is allowed as an interim use in the applicable zoning district; grading and export of materials are permitted within the LR-1A zoning district; this statement is true. 3) The use will not delay anticipated development or redevelopment of the site; the grading activity was conducted in conjunction with the development of the new single family home on the property. This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the grading activity will not be in conflict with the Code. 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the material removals will not change the intended residential use of the Property so there should be no change in the use, the grades, or enjoyment of adjacent properties resulting from the export of materials. However, activity of exporting approximately the proposed amount of material and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the construction of the proposed home may have resulted in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. 6) The use will not impose additional unreasonable costs on the public; the builder and owner will be responsible for keeping debris off of the roadways. Do complaints were brought to the city’s attention regarding this project while it was under construction. 7) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property. An as-built survey was submitted for the new home. At that time it was identified that additional grading took place on the property requiring the need for an after the fact IUP. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The applicant has already completed the hauling and the new home on the property. Interim Use Permit Analysis Staff finds the plans would have conformed to the standards of IUP review if it was processed before the work took place. The material removal activity took place while the new home was under construction. Denial of the IUP would require the import of the exported material, resulting in additional truck traffic. Engineer Comments As this is after the fact, I have no opportunity to approve a haul route. As a matter of practice we ask that heavy trucks minimize their time on city streets by getting to county and state roads by the most direct route possible and then not use city roads as cut through.